The courts take the side of citizens in cases of violation of quarantine – attorneys

Суды принимают сторону граждан в делах о нарушении карантина - адвокаты

07.04.2020, 22:04


Lawyers from the Union Legal OK analyzed 420 court decisions adopted under article adminkodeksa violation of the rules of quarantine

Only in 32 cases out of 420 Ukrainian courts have recognized citizens guilty in violation of quarantine rules. This is reported by lawyers from the Union Legal OK that analyzed the decisions adopted in the period of quarantine under article 44-3 (Violation of quarantine rules) of the administrative code.

According to lawyers, the courts, as of 6 April, took 420 such regulations.

212 regulations the case file returned to the police for revision, since the protocols of the offense did not meet the requirements of the administrative code.

106 regulations the case is closed in connection with absence of structure of adminarea or in connection with absence of event and composition of adminarea.

32 decisions of the person found guilty of committing adminarea.

10 regulations the case materials sent by the proper jurisdiction.

10 regulations persons exempt from liability due to insignificance of an offence. The courts were limited to oral warning, closed the proceedings.

7 regulations of the production is closed in connection with the insignificance of the offense.

In rulings that recognized the fault of the person, the intruder, in the main, be obliged to pay a fine of 17 000 UAH.

The judges who supported the suspects and closed the case, relied in its rulings on article 62 of the Constitution (article about the presumption of innocence and the inadmissibility of the charges based on illegally obtained evidence – ed.) and the legal position of the European court of human rights.

6 APR Natspolitsiya reported that since the beginning of the introduction of quarantine measures in the territory of Ukraine 3922 police officers made administrative reports. In addition, investigated 46 criminal proceedings.